Amended in Senate June 30, 2016

Amended in Senate June 22, 2016

Amended in Assembly April 6, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2192


Introduced by Assembly Member Salas

(Principal coauthor: Senator Hill)

February 18, 2016


An act to amend Sections 8000, 8005, 8030.2, 8030.4, 8030.6,begin delete and 8030.8end deletebegin insert 8030.8, and 8031end insert of, to add Section 8030.1 to, to add and repeal Section 8030.9 of, and to repeal Section 8030.5 of, the Business and Professions Code, relating to professions and vocations, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 2192, as amended, Salas. Court Reporters Board of California:begin delete personnel:end deletebegin insert Shorthand reporters fees:end insert Transcript Reimbursement Fund.

(1) Existing law provides for the licensure and regulation ofbegin delete courtend deletebegin insert shorthandend insert reporters by the Court Reporters Board of California, which is within the Department of Consumer Affairs, and authorizes the board to appoint an executive officer and committees and to employ other employees, as specified. Existing law repeals these provisions on January 1, 2017.

This bill would extend the operation of the board and the authorization of the board to appoint specified personnel and committees until January 1, 2020.

(2) Existing lawbegin delete establishes the Court Reporters’ Fund and requires all fees and revenue received by the board to be deposited into that fund. Existing lawend deletebegin insert authorizes the board, by resolution, to establish a fee for the renewal of a certificate issued by the board, and prohibits the fee from exceeding $125, as specified. Under existing law, all fees and revenues received by the board are deposited into the Court Reporters’ Fund, which is a continuously appropriated fund as it pertains to fees collected by the board.end insert

begin insert

This bill would raise that fee limit to $250. By authorizing an increase in a fee deposited into a continuously appropriated fund, this bill would make an appropriation.

end insert

begin insert(3)end insertbegin insertend insertbegin insertExisting lawend insert requires, until January 1, 2017, certain fees and revenues collected by the board from licensees to be deposited into the Transcript Reimbursement Fund, which is established as a continuously appropriated fund, to be available to provide reimbursement for the cost of providing shorthand reporting services to low-income litigants in civil cases. Existing law authorizes, until January 1, 2017, low-income persons appearing pro se to apply for funds from the Transcript Reimbursement Fund, subject to specified requirements and limitations, including that total disbursements are prohibited from exceeding $30,000 annually and $1,500 per case. Existing law requires the board, until January 1, 2017, to publicize the availability of the Transcript Reimbursement Fund to prospective applicants. Existing law requires the unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2017, to be transferred to the Court Reporters’ Fund.

The bill would provide that the Transcript Reimbursement Fund is to be funded by a transfer of funds from the Court Reporters’ Fund in the amount of $300,000 annually and authorizes the board to transfer funds in increments of $100,000. The bill wouldbegin delete authorizeend deletebegin insert provide thatend insert the boardbegin delete toend deletebegin insert mayend insert use existing resources to publicize the availability of the Transcript Reimbursement Fund to prospective applicants, as specified. The bill would instead prohibit disbursements from the Transcript Reimbursement Fund to pro se litigants from exceeding $75,000 annually. The bill would prohibit a vexatious litigant, as defined, from receiving funds from the Transcript Reimbursement Fund, except as specified. The bill would require the board to prepare and submit a report to the Legislature on or beforebegin delete Januaryend deletebegin insert Novemberend insert 1,begin delete 2019,end deletebegin insert 2018,end insert regarding the condition of the Court Reporters’ Fund, the condition of the Transcript Reimbursement Fund, and alternative funding sources to cover the costs associated with transcripts provided to indigent litigants, as specified. This bill would extend the operation of the provisions regarding the Transcript Reimbursement Fund until January 1,begin delete 2019,end deletebegin insert 2020,end insert and recast and revise certain provisions regarding that fund.

By extending the operation of the Transcript Reimbursement Fund, which is a continuously appropriated fund, the bill would make an appropriation.

begin delete

(3)

end delete

begin insert(4)end insert This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.

Vote: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 8000 of the Business and Professions
2Code
is amended to read:

3

8000.  

(a) There is in the Department of Consumer Affairs a
4Court Reporters Board of California, which consists of five
5members, three of whom shall be public members and two of
6whom shall be holders of certificates issued under this chapter
7who have been actively engaged as shorthand reporters within this
8state for at least five years immediately preceding their
9appointment.

10(b) This section shall remain in effect only until January 1, 2020,
11and as of that date is repealed.

12(c) Notwithstanding any other law, repeal of this section renders
13the board subject to review by the appropriate policy committees
14of the Legislature.

15

SEC. 2.  

Section 8005 of the Business and Professions Code is
16amended to read:

17

8005.  

(a) The Court Reporters Board of California is charged
18with the executive functions necessary for effectuating the purposes
19of this chapter. It may appoint committees as it deems necessary
20or proper. The board may appoint, prescribe the duties, and fix the
21salary of an executive officer. Except as provided by Section 159.5,
22the board may also employ other employees as may be necessary,
23subject to civil service and other law.

P4    1(b) This section shall remain in effect only until January 1, 2020,
2and as of that date is repealed.

3

SEC. 3.  

Section 8030.1 is added to the Business and Professions
4Code
, to read:

5

8030.1.  

The board may use existing resources to undertake
6efforts to publicize the availability of the Transcript Reimbursement
7Fund, established pursuant to Section 8030.2, to prospective
8applicants through appropriate entities serving these applicants,
9including the State Bar of California, the California Commission
10on Access to Justice, and the Legal Aid Association of California.
11These efforts shall be described in the report required by Section
128030.9.

13

SEC. 4.  

Section 8030.2 of the Business and Professions Code
14 is amended to read:

15

8030.2.  

(a) To provide shorthand reporting services to
16low-income litigants in civil cases, who are unable to otherwise
17afford those services, funds generated by fees received by the board
18pursuant to subdivision (c) of Section 8031 in excess of funds
19needed to support the board’s operating budget for the fiscal year
20in which a transfer described below is made shall be used by the
21board for the purpose of establishing and maintaining a Transcript
22Reimbursement Fund.begin delete The Transcript Reimbursement Fund shall
23be established by a transfer of funds from the Court Reporters’
24Fund in the amount of three hundred thousand dollars ($300,000)
25at the beginning of each fiscal year.end delete
The Transcript Reimbursement
26Fund shall be funded by a transfer of funds from the Court
27Reporters’ Fund in the amount of three hundred thousand dollars
28($300,000) annually. The board is authorized to transfer funds in
29increments of one hundred thousand dollars ($100,000) for a total
30of three hundred thousand dollars ($300,000). Notwithstanding
31any other provision of this article, a transfer to the Transcript
32Reimbursement Fund in excess of the fund balance established at
33the beginning of each fiscal year shall not be made by the board
34if the transfer will result in the reduction of the balance of the Court
35Reporters’ Fund to an amount less than six months’ operating
36budget.

37(b) Refunds and unexpended funds that are anticipated to remain
38in the Transcript Reimbursement Fund at the end of the fiscal year
39shall be considered by the board in establishing the fee assessment
40pursuant to Section 8031 so that the assessment shall maintain the
P5    1level of funding for the Transcript Reimbursement Fund, as
2specified in subdivision (a), in the following fiscal year.

3(c) The Transcript Reimbursement Fund is hereby created in
4the State Treasury. Notwithstanding Section 13340 of the
5Government Code, moneys in the Transcript Reimbursement Fund
6are continuously appropriated for the purposes of this chapter.

7(d) (1) Applicants who have been reimbursed pursuant to this
8chapter for services provided to litigants and who are awarded
9court costs or attorney’s fees by judgment or by settlement
10agreement shall refund the full amount of that reimbursement to
11the fund within 90 days of receipt of the award or settlement.

12(2) An applicant appearing pro se who has been reimbursed for
13services provided to litigants under this chapter shall refund the
14 full amount reimbursed if a court orders the applicant’s fee waiver
15withdrawn or denied retroactively pursuant to Section 68636 of
16the Government Code, within 90 days of the court’s order
17withdrawing or denying the fee waiver.

18(e) Subject to the limitations of this chapter, the board shall
19maintain the fund at a level that is sufficient to pay all qualified
20claims. To accomplish this objective, the board shall utilize all
21refunds, unexpended funds, fees, and any other moneys received
22by the board.

23(f) Notwithstanding Section 16346 of the Government Code,
24all unencumbered funds remaining in the Transcript
25Reimbursement Fund as of January 1, 2019, shall be transferred
26to the Court Reporters’ Fund.

27(g) This section shall remain in effect only until January 1,begin delete 2019,end delete
28begin insert 2020,end insert and as of that date is repealed.

29

SEC. 5.  

Section 8030.4 of the Business and Professions Code
30 is amended to read:

31

8030.4.  

As used in this chapter:

32(a) “Applicant” means a qualified legal services project,
33qualified support center, other qualified project, or pro bono
34attorney applying to receive funds from the Transcript
35Reimbursement Fund established by this chapter. The term
36“applicant” includes an indigent person appearing pro se to
37represent himself or herself at any stage of the case and applying
38to receive funds from the Transcript Reimbursement Fund
39established in Section 8030.2.

P6    1(b) “Case” means a single legal proceeding from its inception,
2through all levels of hearing, trial, and appeal, until its ultimate
3conclusion and disposition.

4(c) “Certified shorthand reporter” means a shorthand reporter
5certified pursuant to Article 3 (commencing with Section 8020)
6performing shorthand reporting services pursuant to Section 8017.

7(d) “Developmentally Disabled Assistance Act” means the
8Developmentally Disabled Assistance and Bill of Rights Act of
91975 (Public Law 94-103), as amended.

10(e) “Fee-generating case” means any case or matter that, if
11undertaken on behalf of an eligible client by an attorney in private
12practice, reasonably may be expected to result in payment of a fee
13for legal services from an award to a client, from public funds, or
14from an opposing party. A reasonable expectation as to payment
15of a legal fee exists wherever a client enters into a contingent fee
16agreement with his or her lawyer. If there is no contingent fee
17agreement, a case is not considered fee generating if adequate
18representation is deemed to be unavailable because of the
19 occurrence of any of the following circumstances:

20(1) If the applicant has determined that referral is not possible
21because of any of the following:

22(A) The case has been rejected by the local lawyer referral
23service, or if there is no such service, by two private attorneys who
24have experience in the subject matter of the case.

25(B) Neither the referral service nor any lawyer will consider the
26case without payment of a consultation fee.

27(C) The case is of the type that private attorneys in the area
28ordinarily do not accept, or do not accept without prepayment of
29a fee.

30(D) Emergency circumstances compel immediate action before
31referral can be made, but the client is advised that, if appropriate
32and consistent with professional responsibility, referral will be
33attempted at a later time.

34(2) If recovery of damages is not the principal object of the case
35and a request for damages is merely ancillary to an action for
36equitable or other nonpecuniary relief or inclusion of a
37counterclaim requesting damages is necessary for effective defense
38or because of applicable rules governing joinder of counterclaims.

P7    1(3) If a court appoints an applicant or an employee of an
2applicant pursuant to a statute or a court rule or practice of equal
3applicability to all attorneys in the jurisdiction.

4(4) In any case involving the rights of a claimant under a
5public-supported benefit program for which entitlement to benefit
6is based on need.

7(f) (1) “Indigent person” means any of the following:

8(A) A person whose income is 125 percent or less of the current
9poverty threshold established by the United States Office of
10Management and Budget.

11(B) A person who is eligible for supplemental security income.

12(C) A person who is eligible for, or receiving, free services
13under the federal Older Americans Act or the Developmentally
14Disabled Assistance Act.

15(D) A person whose income is 75 percent or less of the
16maximum level of income for lower income households as defined
17in Section 50079.5 of the Health and Safety Code, for purposes of
18a program that provides legal assistance by an attorney in private
19practice on a pro bono basis.

20(E) A person who qualifies for a waiver of fees pursuant to
21Section 68632 of the Government Code.

22(2) For the purposes of this subdivision, the income of a person
23who is disabled shall be determined after deducting the costs of
24medical and other disability-related special expenses.

25(g) “Lawyer referral service” means a lawyer referral program
26authorized by the State Bar of California pursuant to the rules of
27professional conduct.

28(h) “Legal Services Corporation” means the Legal Services
29Corporation established under the Legal Services Corporation Act
30of 1974 (Public Law 93-355), as amended.

31(i) “Older Americans Act” means the Older Americans Act of
321965 (Public Law 89-73), as amended.

33(j) “Other qualified project” means a nonprofit organization
34formed for charitable or other public purposes, that does not receive
35funds from the Legal Services Corporation or pursuant to the
36federal Older Americans Act, and provides free legal services to
37indigent persons.

38(k) “Pro bono attorney” means any attorney, law firm, or legal
39corporation, licensed to practice law in this state, that undertakes,
40without charge to the party, the representation of an indigent
P8    1person, referred by a qualified legal services project, qualified
2support center, or other qualified project, in a case not considered
3to be fee generating, as defined in this chapter.

4(l) “Qualified legal services project” means a nonprofit project,
5incorporated and operated exclusively in California, that provides
6as its primary purpose and function legal services without charge
7to indigent persons, has a board of directors or advisory board
8composed of both attorneys and consumers of legal services, and
9provides for community participation in legal services
10programming. A legal services project funded, either in whole or
11in part, by the Legal Services Corporation or with the federal Older
12Americans Act funds is presumed to be a qualified legal services
13project for the purposes of this chapter.

14(m) “Qualified support center” means an incorporated nonprofit
15legal services center that has an office or offices in California that
16provide legal services or technical assistance without charge to
17qualified legal services projects and their clients on a multicounty
18basis in California. A support center funded, either in whole or in
19part, by the Legal Services Corporation or with the federal Older
20Americans Act funds is presumed to be a qualified legal services
21project for the purposes of this chapter.

22(n) “Rules of professional conduct” means those rules adopted
23by the State Bar of California pursuant to Sections 6076 and 6077.

24(o) “Supplemental security income recipient” means an
25individual receiving or eligible to receive payments under Title
26XVI of the Social Security Act (Public Law 92-603), as amended,
27or payment under Chapter 3 (commencing with Section 12000) of
28Part 3 of Division 9 of the Welfare and Institutions Code.

29(p) “Vexatious litigant” means a person as defined in subdivision
30(b) of Section 391 of the Code of Civil Procedure.

31(q) This section shall remain in effect only until January 1,begin delete 2019,end delete
32begin insert 2020,end insert and as of that date is repealed.

33

SEC. 6.  

Section 8030.5 of the Business and Professions Code
34 is repealed.

35

SEC. 7.  

Section 8030.6 of the Business and Professions Code
36 is amended to read:

37

8030.6.  

The board shall disburse funds from the Transcript
38Reimbursement Fund for the costs, exclusive of per diem charges
39by official reporters, of preparing either an original transcript and
40one copy thereof, or where appropriate, a copy of the transcript,
P9    1of court or deposition proceedings, or both, incurred as a
2contractual obligation between the shorthand reporter and the
3applicant, for litigation conducted in California. If there is no
4deposition transcript, the board may reimburse the applicant or the
5certified shorthand reporter designated in the application for per
6diem costs. The rate of per diem for depositions shall not exceed
7seventy-five dollars ($75) for one-half day, or one hundred
8twenty-five dollars ($125) for a full day. If a transcript is ordered
9within one year of the date of the deposition, but subsequent to
10the per diem having been reimbursed by the Transcript
11Reimbursement Fund, the amount of the per diem shall be deducted
12from the regular customary charges for a transcript. Reimbursement
13may be obtained through the following procedures:

14(a) The applicant or certified shorthand reporter shall promptly
15submit to the board the certified shorthand reporter’s invoice for
16transcripts together with the appropriate documentation as is
17required by this chapter.

18(b) Except as provided in subdivision (c), the board shall
19promptly determine if the applicant or the certified shorthand
20reporter is entitled to reimbursement under this chapter and shall
21make payment as follows:

22(1) Regular customary charges for preparation of original
23deposition transcripts and one copy thereof, or a copy of the
24transcripts.

25(2) Regular customary charges for expedited deposition
26transcripts up to a maximum of two thousand five hundred dollars
27($2,500) per case.

28(3) Regular customary charges for the preparation of original
29transcripts and one copy thereof, or a copy of transcripts of court
30proceedings.

31(4) Regular customary charges for expedited or daily charges
32for preparation of original transcripts and one copy thereof or a
33copy of transcripts of court proceedings.

34(5) The charges shall not include notary or handling fees. The
35charges may include actual shipping costs and exhibits, except
36that the cost of exhibits may not exceed thirty-five cents ($0.35)
37each or a total of thirty-five dollars ($35) per transcript.

38(c) The maximum amount reimbursable by the fund under
39subdivision (b) shall not exceed twenty thousand dollars ($20,000)
40per case per year.

P10   1(d) A vexatious litigant shall be ineligible to receive funds from
2the Transcript Reimbursement Fund. However, a vexatious litigant
3may become eligible to receive funds if he or she is no longer
4subject to the provisions of Title 3A of Part 2 of the Code of Civil
5Procedure pursuant to Section 391.8 of Code of Civil Procedure.

6(e) Total disbursements to cover the costs of providing
7transcripts to all applicants appearing pro se pursuant to this section
8shall not exceed seventy-five thousand dollars ($75,000) annually
9and shall not exceed one thousand five hundred dollars ($1,500)
10per case.

11(f) If entitled, and funds are available, the board shall disburse
12the appropriate sum to the applicant or the certified shorthand
13reporter when the documentation described in Section 8030.8
14accompanies the application. A notice shall be sent to the recipient
15requiring the recipient to file a notice with the court in which the
16action is pending stating the sum of reimbursement paid pursuant
17to this section. The notice filed with the court shall also state that
18if the sum is subsequently included in any award of costs made in
19the action, that the sum is to be ordered refunded by the applicant
20to the Transcript Reimbursement Fund whenever the sum is
21actually recovered as costs. The court shall not consider whether
22payment has been made from the Transcript Reimbursement Fund
23in determining the appropriateness of any award of costs to the
24parties. The board shall also notify the applicant that the reimbursed
25sum has been paid to the certified shorthand reporter and shall
26notify the applicant of the duty to refund any of the sum actually
27recovered as costs in the action.

28(g) If not entitled, the board shall return a copy of the invoice
29to the applicant and the designated certified shorthand reporter
30together with a notice stating the grounds for denial.

31(h) The board shall complete its actions under this section within
3230 days of receipt of the invoice and all required documentation,
33including a completed application.

34(i) Applications for reimbursements from the fund shall be filed
35on a first-come-first-served basis.

36(j) Applications for reimbursement that cannot be paid from the
37fund due to insufficiency of the fund for that fiscal year shall be
38held over until the next fiscal year to be paid out of the renewed
39fund. Applications held over shall be given a priority standing in
40the next fiscal year.

P11   1(k) This section shall remain in effect only until January begin delete 1 2019,end delete
2begin insert 1, 2020,end insert and as of that date is repealed.

3

SEC. 8.  

Section 8030.8 of the Business and Professions Code
4 is amended to read:

5

8030.8.  

(a) For purposes of this chapter, documentation
6accompanying an invoice is sufficient to establish entitlement for
7reimbursement from the Transcript Reimbursement Fund if it is
8filed with the executive officer on an application form prescribed
9by the board that is complete in all respects, and that establishes
10all of the following:

11(1) The case name and number and that the litigant or litigants
12requesting the reimbursement are indigent persons. If the applicant
13is an indigent person appearing pro se the application shall be
14accompanied by a copy of the fee waiver form approved by the
15court in the matter for which the applicant seeks reimbursement.

16(2) The applicant is qualified under the provisions of this
17chapter.

18(3) The case is not a fee-generating case, as defined in Section
198030.4.

20(4) The invoice or other documentation shall evidence that the
21certified shorthand reporter to be reimbursed was, at the time the
22services were rendered, a duly licensed certified shorthand reporter.

23(5) The invoice shall be accompanied by a statement, signed by
24the applicant, stating that the charges are for transcripts actually
25provided as indicated on the invoice.

26(6) The applicant has acknowledged, in writing, that as a
27condition of entitlement for reimbursement that the applicant agrees
28to refund the entire amount disbursed from the Transcript
29Reimbursement Fund from any costs or attorney’s fees awarded
30to the applicant by the court or provided for in any settlement
31agreement in the case.

32(7) The certified shorthand reporter’s invoice for transcripts
33shall include separate itemizations of charges claimed, as follows:

34(A) Total charges and rates for customary services in preparation
35of an original transcript and one copy or a copy of the transcript
36of depositions.

37(B) Total charges and rates for expedited deposition transcripts.

38(C) Total charges and rates in connection with transcription of
39court proceedings.

P12   1(b) For an applicant claiming to be eligible pursuant to
2subdivision (j), (l), or (m) of Section 8030.4, a letter from the
3director of the project or center, certifying that the project or center
4meets the standards set forth in one of those subdivisions and that
5the litigant or litigants are indigent persons, is sufficient
6documentation to establish eligibility.

7(c) For an applicant claiming to be eligible pursuant to
8subdivision (k) of Section 8030.4, a letter certifying that the
9applicant meets the requirements of that subdivision, that the case
10is not a fee-generating case, as defined in subdivision (e) of Section
118030.4, and that the litigant or litigants are indigent persons,
12together with a letter from the director of a project or center defined
13in subdivision (j), (l), or (m) of Section 8030.4 certifying that the
14litigant or litigants had been referred by that project or center to
15the applicant, is sufficient documentation to establish eligibility.

16(d) The applicant may receive reimbursement directly from the
17board if the applicant has previously paid the certified shorthand
18reporter for transcripts as provided in Section 8030.6. To receive
19payment directly, the applicant shall submit, in addition to all other
20required documentation, an itemized statement signed by the
21certified shorthand reporter performing the services that describes
22payment for transcripts in accordance with the requirements of
23Section 8030.6.

24(e) The board may prescribe appropriate forms to be used by
25applicants and certified shorthand reporters to facilitate these
26requirements.

27(f) This chapter does not restrict the contractual obligation or
28payment for services, including, but not limited to, billing the
29applicant directly, during the pendency of the claim.

30(g) This section shall remain in effect only until January 1,begin delete 2019,end delete
31begin insert 2020,end insert and as of that date is repealed.

32

SEC. 9.  

Section 8030.9 is added to the Business and Professions
33Code
, to read:

34

8030.9.  

(a) The board shall prepare and submit to the
35Legislature, on or beforebegin delete Januaryend deletebegin insert Novemberend insert 1,begin delete 2019,end deletebegin insert 2018,end insert a report
36on the condition of the Court Reporters’ Fund, the condition of
37the Transcript Reimbursement Fund, and alternative funding
38sources to cover the costs associated with transcripts provided to
39indigent litigants, including, but not limited to, shorthand reporting
P13   1services, such as transcript processing. The report shall include all
2of the following:

3(1) Expenditures and claims relating to this article, including
4the initial balance of the Transcript Reimbursement Fund as of
5January 1, 2017.

6(2) Funds received, including the amount of, and reason for,
7any refunds pursuant to Section 8030.2.

8(3) Claims received, including the type of case, court involved,
9service for which reimbursement was sought, amount paid, and
10amount denied, if any, and the reason for denial.

11(4) Efforts pursuant to Section 8030.1 to publicize the
12availability of the funds in the Transcript Reimbursement Fund to
13prospective applicants.

14(5) Administrative fees.

15(6) An analysis of the condition of the Transcript
16Reimbursement Fund, including a five-year projection of its fiscal
17solvency based on the licensee fee level for those years.

18(7) Whether the amount transferred annually to the Transcript
19Reimbursement Fund is sufficient to maintain the fund at a level
20that is sufficient to pay all qualified claims.

21(A) If the amount transferred annually is not sufficient to pay
22all qualified claims, the board shall recommend a level that would
23be sufficient.

24(B) If the amount transferred annually is not sufficient to pay
25all qualified claims, the board shall recommend an alternative
26source of funding that does not exceed more than 25 percent of an
27individual licensee’s renewal fee pursuant to subdivision (b) of
28Section 8031.

29(b) The report shall be provided using existing resources.

30(c) The report prepared pursuant to subdivision (a) shall be
31submitted in accordance with Section 9795 of the Government
32Code.

33(d) This section shall remain in effect only until January 1,begin delete 2019,end delete
34begin insert 2020,end insert and as of that date is repealed.

35begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 8031 of the end insertbegin insertBusiness and Professions Codeend insert
36
begin insert is amended to read:end insert

37

8031.  

The amount of the fees required by this chapter is that
38fixed by the board in accordance with the following schedule:

39(a) The fee for filing an application for each examination shall
40be no more than forty dollars ($40).

P14   1(b) The fee for examination and reexamination for the written
2or practical part of the examination shall be in an amount fixed by
3the board, which shall be equal to the actual cost of preparing,
4administering, grading, and analyzing the examination, but shall
5not exceed seventy-five dollars ($75) for each separate part, for
6each administration.

7(c) The initial certificate fee is an amount equal to the renewal
8fee in effect on the last regular renewal date before the date on
9which the certificate is issued, except that, if the certificate will
10expire less than 180 days after its issuance, then the fee is 50
11percent of the renewal fee in effect on the last regular renewal date
12before the date on which the certificate is issued, or fifty dollars
13($50), whichever is greater. The board may, by appropriate
14regulation, provide for the waiver or refund of the initial certificate
15fee where the certificate is issued less than 45 days before the date
16on which it will expire.

17(d) By a resolution adopted by the board, a renewal fee may be
18established in such amounts and at such times as the board may
19deem appropriate to meet its operational expenses and funding
20responsibilities as set forth in this chapter. The renewal fee shall
21not be more thanbegin delete one hundred twenty-fiveend deletebegin insert two hundred fiftyend insert dollars
22begin delete ($125)end deletebegin insert ($250)end insert nor less than ten dollars ($10) annually, with the
23following exception:

24Any person who is employed full time by the State of California
25as a hearing reporter and who does not otherwise render shorthand
26reporting services for a fee shall be exempt from licensure while
27in state employment and shall not be subject to the renewal fee
28provisions of this subdivision until 30 days after leaving state
29employment. The renewal fee shall, in addition to the amount fixed
30by this subdivision, include any unpaid fees required by this section
31plus any delinquency fee.

32(e) The duplicate certificate fee shall be no greater than ten
33dollars ($10).

34(f) The penalty for failure to notify the board of a change of
35name or address as required by Section 8024.6 shall be no greater
36than fifty dollars ($50).



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